Scott Peterson's 'strongest argument' for murder conviction appeal is a long shot: criminal defense lawyer
Scott Peterson's strongest argument for overturning his murder conviction might end up being a long shot, according to one criminal defense attorney.
Lawyers for Peterson filed a petition Monday seeking to overturn his 2004 murder conviction, which they say contains evidence exonerating the 52-year-old. Peterson was convicted of killing wife Laci and their unborn son in 2002.
The Los Angeles Innocence Project, which took on Peterson's case, filed a court petition Monday that the group claimed contains "substantial new evidence." Peterson's lawyers claimed in the petition that Peterson's rights to due process and a fair trial were denied during his 2004 trial and that his conviction should be overturned. The petition contains evidence handed over by the state that wasn't disclosed before.
According to the newly filed petition, 17 eyewitnesses who lived or worked in the Peterson's neighborhood "reported seeing a woman fitting Laci's description walking a dog in the neighborhood and nearby park" on the morning of Dec. 24, 2002, after Scott left for the day.
Peterson's attorneys alleged that none of the detectives assigned to search for Laci conducted eyewitness interviews with people who reported seeing Laci and her dog.
His attorneys said in the court filing that Laci Peterson confronted a pair of burglars who were attempting to break into a house across the street Dec. 26, 2002. According to Scott Peterson's lawyers, this "exonerates" him because it would have happened after he left for a fishing trip, meaning he wouldn't have been in the area when his wife disappeared.
The filing claims a scent dog used by law enforcement couldn't have picked up Laci Peterson's scent because attorneys have evidence stating she was still alive Dec. 28, when prosecutors claim the dog picked up her scent.
Criminal defense attorney Keith Johnson told Fox News Digital the petition is Scott Peterson's "strongest" argument for overturning the conviction, but it's still likely a long shot.
"I would say it's the strongest argument that the Peterson team would have," Johnson said. "I don't think that that's going to be something that would get a capital case overturned. Because, once again, this judge is not standing in for what the jury has already decided. So, that's the biggest issue."
Johnson likened the attempt by Scott Peterson's attorneys at overturning the conviction to a "Hail Mary."
"I can tell you that habeas corpus petitions are, if you would equate it to, like sports, it's like a Hail Mary," Johnson said. "It's like a half-court shot with time running out. So, they're very rarely granted, but I do know of quite a few that have been granted. The whole theory is that all of the other appeals have been exhausted and have not been successful."
He said Scott Peterson's attorneys are trying to argue the investigation was "mismanaged," which isn't necessarily a reason to grant a habeas corpus petition.
Peterson was found guilty in 2004 of murdering his wife, Laci, and of second-degree murder in the death of the couple's unborn son, Conner. Laci Peterson disappeared from the couple's Modesto, California, home on Christmas Eve in late 2002. A pedestrian found her unborn son's body, decomposed at the time, in the San Francisco Bay in April 2003.
In the petition, lawyers argued that jurors didn't hear evidence they think could have changed the trial's outcome and accused prosecutors of potentially destroying evidence.
"Every aspect of the prosecution's theory as to how the crimes in this case were committed has now been shown to be false," the petition states. "The new evidence set forth in this Amended Petition shows that the prosecution's entire theory of the case was wrong.
"In some cases, no one individual error is prejudicial enough to warrant relief, but when there are a number of constitutional or statutory violations, the court will conclude that the errors, cumulatively, undermine confidence in the conviction and warrant relief. That is certainly the case here. … All of this new evidence is more than sufficient to state a prima facie showing of Petitioner's innocence."
A spokesperson for the Los Angeles Innocence Project said the group doesn't comment on pending litigation.
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